2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 18. EDUCATION
302A. Education
302A-101 and 302A-102 designated as subpart A by revisor. §302A-101 Definitions.

PART I. GENERAL PROVISIONS

A. Miscellaneous

Revision Note

Sections 302A-101 and 302A-102 designated as subpart A by revisor.

§302A-101 Definitions. As used in this chapter, the following terms have the following meanings unless the context indicates otherwise:

"Air conditioning" means any mechanical device that cools or heats air.

"Board" means the board of education.

"Cafeteria workers" includes all employees of any public school cafeteria other than the cafeteria manager.

"Charter school administrative office" or "office" means the office established in section 302B-8 responsible for the internal organization, operation, and management of the charter school system.

"Charter school review panel" or "panel" means the panel established in section 302B-3.

"Charter schools" means public schools holding charters to operate as charter schools under chapter 302B, including start-up and conversion charter schools, that have the flexibility to implement alternative frameworks with regard to curriculum, facilities management, instructional approach, length of the school day, week, or year, and personnel management.

"Complex area superintendent" means the chief administrative officer of a complex area and the school complexes therein.

"Department" means the department of education.

"Early education" means a developmentally appropriate early childhood development and education program for children from birth to eight years of age.

"EDN 100" means the budget program identification number for the school-based budgeting program within the department.

"Educational officers" includes principals, vice-principals, and professional employees of the state and district offices of the department, except those employees in the classified service.

"Exceptional children" includes:

(1) Persons under twenty years of age who deviate from the so-called normal person in physical, mental, social, or emotional characteristics or abilities to such an extent that specialized training, techniques, and equipment are required to enable these persons to attain the maximum of their abilities or capacities; provided that "exceptional children" shall not include "gifted and talented children";

(2) Persons under twenty years of age who by reason of physical defects cannot attend the regular public school classes with normal children; and

(3) Persons under twenty years of age who are certified by a licensed physician eligible for membership in the state medical society as being emotionally maladjusted or intellectually incapable of profiting from ordinary instructional methods.

"Gifted and talented children" means students residing in the State who are of compulsory school age and are enrolled in, and attending, a public school, and whose superior performance or potential indicates exceptional ability or talent. This ability or talent may occur singly in or in combination with any of the following areas: intellectual, creative or specific academic abilities, leadership capabilities, psychomotor abilities, or abilities in the performing or visual arts.

"Incumbent teachers" refers to teachers presently in service or on authorized leaves from the department.

"Job-sharing" means the voluntary sharing of a full-time, permanent employee's position with another employee, with each employee working one-half of the total number of hours of work required per week and performing one-half of the work required of the respective full-time position, and with each employee receiving one-half of the salary to which each employee is respectively entitled and at least one-half of each employee benefit afforded to full-time employees.

"Private trade, vocational, or technical school" means any plan or method used by any person or persons, firm, or any other organization or corporation for giving instruction in any form or manner in any trade, occupation, or vocation for a consideration, reward, or promise of whatever nature, including correspondence schools located within the State, except as follows:

(1) Schools maintained, or classes conducted, by employers for their own employees where no fee or tuition is charged;

(2) Courses of instruction given by any fraternal society, benevolent order, or professional organization to its members, which courses are not operated for profit;

(3) Flying schools qualified under the Federal Aviation Administration;

(4) Classes conducted for less than five students at one and the same time;

(5) Classes or courses of instruction that are conducted for twenty or fewer class sessions during any twelve-month period;

(6) Avocational, hobby, recreation, or health classes or courses;

(7) Courses of instruction on religious subjects given under the auspices of a religious organization; and

(8) Schools registered by the department of commerce and consumer affairs or by boards and commissions placed in the department of commerce and consumer affairs for administrative purposes.

"Public office" excludes notaries public, reserve police officers, officers of emergency organizations for civilian defense or disaster relief, or county charter commissions.

"Public schools" means all academic and noncollege type schools established and maintained by the department and charter schools chartered by the board of education, in accordance with law.

"Regional administrative unit" means a grouping of complexes established by the department for administrative support and organizational purposes.

"School-based budget flexibility" means an operating budget preparation and allocation process that provides maximum flexibility to individual schools, complexes, and learning support centers in the preparation and execution of their operating budgets.

"School complex" means a grouping of schools established by the department for instructional, administrative, and organizational purposes.

"School meals" means breakfast and lunch prepared and served by a school cafeteria.

"School textbooks, instructional materials, library books, equipment, or supplies" includes any book, printed matter, or other material used in a particular course of study.

"Special facilities" includes buildings, equipment, and materials; transportation; boarding homes; and personnel qualified to work with exceptional children.

"Special services" means physiotherapy, or any form of muscle training, speech training, occupational therapy, vocational training, psychological evaluation, or any of them.

"Superintendent" means the superintendent of education.

"Teacher" means a person whose duties in the public educational system are primarily teaching or instruction of students or related activities centered primarily on students and who is in close and continuous contact with students, and shall include but not be limited to classroom teachers, school librarians, counselors, registrars, and special education teachers.

"Vandalism" includes, but is not limited to, mischievous or malicious destruction of property, such as breakage of windows, lockers, and doors.

"Weighted student formula" means a formula for allocating operating moneys to individual public schools that includes a system of weighted characteristics affecting the relative cost of educating each student attending a public school. [L 1996, c 89, pt of §2 and am c 48, §1; am L 1997, c 144, §3; am L 1999, c 62, §3; am L 2002, c 16, §16; am L 2003, c 187, §1; am L 2004, c 51, §§5, 6, and 22, c 220, §2, and c 221, §8; am L 2005, c 87, §3; am L 2006, c 298, §8; am L 2007, c 115, §4; am L 2009, c 26, §2]